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HomeMy Public PortalAbout00732 O R D I N A N C E NO. 732 AN ORDINANCE to provide for the connection of buildings with improper sewage facilities to public sewers and to make certain repairs to private sewers with District forces and to insure the District of repayment therefor by authorizing the filing of a lien on such property. WHEREAS, the District has found that there are many buildings within its boundaries which have leaking or failing septic tanks, sanitary lines which connect into storm sewers or discharge on the open ground, broken or improper sanitary sewers, and other improper sewage facilities which constitute a public nuisance and are detrimental to the health of the residents of the adjacent areas and the citizens of the District; and WHEREAS, it is frequently impossible or impractical to force the owner of such property to repair such sewers or to make a connection of such improper sewer facilities to a public sewer when such public sewer is available, within the definitions as set forth in District ordinances; and WHEREAS, it is desirable for the District, in such cases, to make such repairs or to make such connections to public sewers with its own forces and to assess the cost against such property; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One.It is hereby found, determined and declared to be that leaking or failing septic tanks, sanitary lines which 2 connect into storm sewers or discharge on the open ground, broken or improper sanitary sewers, and other improper sewage facilities are and constitute a public nuisance per se and are detrimental and dangerous to the health of the residents of the adjacent areas and the citizens of this District and should be abated. Section Two. Whenever the Executive Director or his authorized representative makes a determination, in writing, that any building has improper sewage facilities, which facilities are creating a public nuisance and the use thereof is a menace to the public health of the citizens of The Metropolitan St. Louis Sewer District as set forth in Section One hereof, he shall send a notice to the owner of such premises or his agent, by mail, informing him of such condition and permitting him a period of thirty (30) days after the date of such notice to correct such condition by making repairs or making such connection to a public sewer, which period of time may be extended at the discretion of the Executive Director or his authorized representative; or to appear before the Executive Director or such representative on the day and hour specified in such notice, which time shall be after the expiration of such thirty day period, and then and there show cause why the District should not make such repairs or make such connection with its own forces and the cost thereof assessed as a tax against the property for which such work is done. Section Three. If such repairs or such connection is not made, then at the hearing which is held regarding the repair 3 or construction of such sewer or within ten (10) days thereafter, the Executive Director or his authorized representative shall make his decision regarding such work. If, in his opinion, the owner or agent has failed to show cause why such repair or construction should not be made, he shall direct the Chief of Maintenance to estimate the probable cost of such work, and, if such estimated cost does not exceed Five Thousand Dollars ($5,000.00), to cause such work to be done under his direction and to his satisfaction, and an accurate account kept of the cost of all labor, including supervision, and material entering into such work. Section Four. Should the owner or agent as aforesaid be dissatisfied with the decision or order of the Executive Director or his authorized representative, he may appeal such decision or order to the Board of Trustees of this District by filing a written notice of appeal, which shall be served on the Executive Director within ten (10) days after such decision or order has been given. The Board of Trustees will then set the matter down for hearing within thirty (30) days. Should the Board, after a full and complete hearing, uphold the decision of the Executive Director or his authorized representative, then the Executive Director or his authorized representative may proceed as set forth in Section Three and the other sections of this ordinance. Should the owner or agent be still dissatisfied, he may appeal from such order or decision as set forth in Section 12.110 of the Plan of the District, except that the proceedings upon such order as 4 appealed from the decision of the Board shall not be stayed unless a restraining order shall be granted by a court of complete jurisdiction. Section Five. The expense incurred by the District for labor (including supervision) and materials employed in the work done in such private property or in any easement or street or public property necessary for such repair or connection, under the authority of the Executive Director or his authorized representative and under the preceding Sections, shall be charged as a lien against the property for which such work is done. Section Six. Upon completion of such work as authorized by the Executive Director or his authorized representative under authority of the preceding Sections, the Chief of Maintenance shall cause the total cost of such work to be determined and certify the same to the Executive Director or his authorized representative. Upon the approval of such report by the Executive Director or his authorized representative the report, with such approval endorsed thereon, shall be transmitted to the person designated by the Executive Director to prepare special liens, who shall assess the same as a special lien against each lot or ground chargeable therewith in the name of the owner thereof. Such assessments shall become a lien upon the property charged therewith upon filing with the Recorder of Deeds of the City of St. Louis or the Recorder of Deeds of St. Louis County, as the case may be. Such assessments and liens may be collected by suit 5 or other proceedings in any court of competent jurisdiction. The foregoing Ordinance was adopted April 28, 1962.